California Criminal Defense Blog

Under new Obama Administration policies, Federal authorities have stopped making raids on legitimate medical marijuana clinics. But officials in Los Angeles and other municipalities are picking up the slack. The city has enacted a 2-year moratorium on new dispensaries, and is using zoning law and local ordinances to frustrate the activities of existing ones.

By way of Proposition 215 and Senate Bill 420, California marijuana law allows people to possess, use and cultivate a limited amount of pot for qualified medical purposes. The medical marijuana user must get approval from a primary care physician and usually must obtain a county-issued marijuana health card.

In spite of the clear statement of California voters to allow legitimate medical marijuana in the state, dissenting local officials continue to use every resource in their arsenal to impinge on patients' rights and shut down dispensaries. On the contrary, cities should effectuate the will of the people and facilitate safe access to medical pot for qualified users.

California law draws a sharp distinction between marijuana for personal use versus cultivating marijuana or selling marijuana. The former triggers only a small fine and no jail time. The latter can land a person in state prison for years.

Under health & safety code 11357, a person possessing less than an ounce of pot can be punished by no more than a $100 fine. But if he tries to sell the weed or is found to possess the marijuana for sale, he can be charged with a felony and sent to prison for up to 3 years.

The policy aims of the legislature are clear: give casual users no more than a slap on the wrist, but go after growers and sellers with a fierce sword. In fact, the penalties for selling or possessing for sale marijuana nearly match those pertaining to illicit drugs such as cocaine or heroin.

Not only are these laws inconsistent, but police, prosecutors and courts spend hundreds of millions of dollars each year enforcing marijuana "crimes." This occurs in spite of ample evidence that marijuana is a benign substance that actually relieves stress and provides medical benefits.

Although California marijuana Law and Nevada marijuana Law differ in many respects, both states take a relatively lax approach to citizens convicted of possessing marijuana as long as the amount weighs in at one ounce or less (California specifically says 28.5 grams or less, which is the metric equivalent of an ounce.) For a first-time offender in both California and Nevada, possession of an ounce or less of marijuana is a misdemeanor, calling for the citizen to pay fines ($600 in NV, $100 in CA) and requiring no jail time.

Once citizens start racking up more then one possession offense, however, marijuana law in Las Vegas get stricter more quickly than the law in L.A. In California, the $100 fine still holds even for repeat-offenders (though after the third offense, the court might require rehab). In Nevada, a second offense of possession of an ounce or less raises the fine to $1,000. And a third defense is elevated to a gross misdemeanor, which gives the judge the discretion to sentence the citizen to up to a year in a Las Vegas jail.

Once the amount of marijuana in question exceeds an ounce, penalties for pot possession in Nevada and California become harsher. In California, it’s still a misdemeanor, but punishment tops off at $500 and six months in jail. Las Vegas marijuana law makes first-time possession of more than an ounce a felony, punishable by one to four years imprisonment with an optional $5,000 fine. In reality, though, jail can often be avoided for a first time offense in both states, especially if the citizen convicted of possession submits to some kind of rehabilitative program. This reflects a national trend in the criminal justice system to prevent drug abuse by treatment, support and education rather than by incarceration.